Croatia Probation in Europe - Dijana Šimpraga Snježana Maloić Neven Ricijaš
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Probation in Europe
Croatia
Dijana Šimpraga
Snježana Maloić
Neven RicijašProbation in Europe
Croatia
Dijana Šimpraga Snježana Maloić
Ministry of Justice, Directorate Ministry of Justice, Directorate
for Probation and Victims and for Probation and Victims and
Witnesses Support Witnesses Support
dijana.simpraga@pravosudje.hr snjezana.maloic@pravosudje.hr
Neven Ricijaš
University of Zagreb
neven.ricijas@gmail.com
March 2014
Edited by:
Anton van Kalmthout
Ioan Durnescu
ISBN/EAN: 978-90-820804-0-7
This publication was funded by the Ministry of Justice and Safety of the Netherlands
and the Dutch foundation Stichting Nationale Reclasseringsactie
Published by:
CEP, Confederation of European Probation
P.O. Box 8215
3503 RE Utrecht
The Netherlands
www.cep-probation.org
2Table of contents
1. Introduction 4
2. Historical Development of the Probation System 5
3. Legislative Basis of the Probation System 7
4. The Organization of Probation Services 9
5. Different Stages of the Criminal Justice Process 12
6. Probation Methodology 19
7. Finances, Accounting, Registration Systems and Evaluation Procedures 21
8. Societal Support and Clients’ Views 22
9. Probation Clients Rights 23
10. Developments to be expected 24
11. Important Publications 26
12. Main Addresses, Phone & Fax Numbers, E-mail Addresses, Home Pages 29
Annex 1 30
31. Introduction
1.1. Probation organizations
Probation service in Croatia is a state service financed within governmental budget.
Probation work is in jurisdiction of Ministry of Justice that in 2009 founded
special directorate for this purpose - Directorate for Probation. In March 2010, this
directorate changed its name to Directorate for Probation and Victims and Witnesses
support. Direct probation work with offenders is conducted in 12 regional probation
offices, while Central Office in Zagreb is in charge of following their work, improving
quality of services, taking measures to improve probation services and probation
system as a whole, as well as to provide administrative and legal support for regional
offices. Probation workers, who are civil servants, perform all probation work. In
accordance with Croatian legal acts, probation service is providing interventions
for adult offenders, while juvenile offenders (from 14 to 18 years of age) are in
jurisdiction of social welfare system.
1.2. Probation activities in a nutshell
All types of probation work are defined by legal acts. Clients of probation services
are primarily criminal offenders, but probation officers are also participating in
helping victims of crime, their family members, as well as family members of
offenders. Probation work can be designated from state attorney, the court, execution
judge and prison/penitentiary. Offenders cannot initiate their own including in
probation work, while victims and their family members can do so. Regarding
offenders, probation service is included in different phases of the process: the pre-
trial report phase, suspension of criminal charges with supervision of conditions,
during pre-sentence report, in conducting community sanctions and in execution of
prison sanction. Probation service is obliged to write different types of reports and
perform assessments when designated by state attorney, the court, execution judge
and prison/penitentiary. Legal acts determent the amount of data needed in each
report, depending on its purpose (deciding about criminal prosecution, determining
measures of ensuring offender’s presence and measures of caution, choosing criminal
sanction and execution of criminal sanction, suspension of prison sanction, allowing
prisoner beneficiary exits from jail or penitentiary, and post-penal release). Probation
service is engaged in execution of prison/penitentiary sanction when it is necessary
to decide about postponement or intermission of prison sanction due to some special
circumstances, when using possibility to take temporary exit from prison, when
deciding about parole, in organizing post-penal treatment and when supervision is
determent with parole. Probation service is currently mostly involved in execution
of two community measures: (1) suspended sentence with supervision and (2)
community work. Other types of probation work are in the phase of piloting and/or
preparation. One of the most significant and challenging probation work activities
is assessment of criminal risks and needs, where special instrument is used for this
purpose. Probation service is not only oriented on supervision of offender, but also on
re-socialization and re-integration of offender in its community, balancing between
philosophy of retribution and rehabilitation.
1.3. General remarks about the implementation of Probation Rules
In 2005 Republic of Croatia began with various reforms, as a process for becoming
a full member of European Union, including reforms of criminal justice system
4that resulted in development of new legislation within domain of probation work
and community sanction during 2009 and 2010. New Law on Probation from 2009
does not only focus on criminal offenders, but its regulation also implemented
interventions towards the victims of crime, their family members and family
members of offenders, as described in earlier chapter, that were neglected in previous
legal regulations. With the help of experts from England and Czech Republic, as well
as other experts from within Instrument for Pre-Assistance Assistance (IPA)1 2008
EU project, probation service will develop new standards, procedures and protocols
of conducting probation work along with guidelines for probation officers that are in
accordance with best practice and Council of Europe recommendations.
2. Historical Development of the Probation System
2.1. History from the origins to 2008
First community sanctions and measures started with implementation at the end of
2001, after new Croatian Criminal Code came into force in 1998. This new Criminal
Code led to the development of special Supervision of Suspended Sentence and
Community Service Act in 1999, as well as all complimentary implementation
regulations (ordinances) that came in force in 2001. Execution of these sanctions
was at that time in jurisdiction of Directorate for prison system, Central office,
Department for protective supervision and community work.
Community sanctions were executed by professionals who had university degree
mostly in social pedagogy, social work and psychology, and who worked within
Ministry of Justice or Ministry of Social Welfare. After their full time jobs in prisons,
penitentiaries, correctional institutions for juvenile offenders, social welfare centres,
etc., they were not only working with offenders on weekly basis, but also promoted
the idea of probation in wider community. After that initial period, the need to built
and develop a more integral probation system was recognized in the governmental
structures.
This new development was supported by Council of Europe recommendations and
other positive European practice, and after the reforms that started in 2005, gave a
strong initiative to further develop probation system, reduce number of prisoners in
over-capacitated prisons, make execution of criminal sanctions more humane, and
help to re-integrate offender in community taking into consideration its protection.
1 he Instrument for Pre-Accession Assistance (IPA) offers assistance to countries engaged in the
T
accession process to the European Union (EU) for the period 2007-2013. The aim of the IPA is
therefore to enhance the efficiency and coherence of aid by means of a single framework in order to
strengthen institutional capacity, cross-border cooperation, economic and social development and rural
development. Pre-accession assistance supports the stabilisation and association process of candidate
countries and potential candidate countries while respecting their specific features and the processes in
which they are engaged.
5Prison system in Croatia gave strong support for the development of probation, and
within Community, assistance for reconstruction, development and stabilisation
(CARDS)2 2004 project, Ministry of Justice, Directorate for Prison System with
National Probation Service of Great Britain in the year 2007 conducted EU Twinning
light project “Support to the Development of a Probation System in Croatia”. This
resulted in adopting a five year strategy for constituting probation service in the
Republic of Croatia.
2.2. Recent history from 2008 to 2011
Criminal justice reform also included bilateral project “Transitional Support to the
Development of Probation System in the Republic of Croatia” between Croatian
Ministry of Justice and National Offender Management Service from England and
Wales. This project was funded by Strategic Programme Fund (in further text:
SPF), and lasted from April 2008 to the end of March 2010. The main purpose was
to ensure professional help in establishing preconditions for the development of
professional probation service in Croatia in between two projects; CARDS 2004
Twinning Light Project that ended in December 2007 and expected IPA 2008 project
“Development of Probation System in the Republic of Croatia” in 2010. During the
SPF project, national standards for conducting suspended sentence with supervision
and community work were developed, as well as national standards on rights and
expectations of offenders. Project also included different seminars that helped
selecting first probation officers and to improve human resources management.
Within the project, some activities and workshops were conducted to sensitise judges
and state attorneys with the concept of probation and its future development in
implementation and execution of community sanctions.
SPF project also focused on developing the first version or criminogenic risk and
need assessment. This process included experts with professional clinical experience
in working with offenders as well as representatives from scientific community.
After the first version of assessment was developed, together with the manual, it was
piloted with offenders who had community sanctions.
Two pilot projects about providing probation services in the pre-trial phase and
during conditional release were also conducted:
- Preparing reports for judges and state attorneys when deciding about custody - this
project clearly proved the value of probation service intervention when the court
was submitted with relevant and professional data report about the offender. Early
involvement of probation officers also enabled professional interventions to the
offenders in the first phase of the procedure.
- Implementation of probation supervision for offenders on parole and writing
reports for decision making on parole release - evaluation of this project showed
that criminogenic risk and need assessments, with the report of probation officer,
contribute to the quality of decision making on parole release from prison, while
supervision of offenders on parole made this measure more efficient.
2 he CARDS program is intended to provide Community assistance to the countries of South-Eastern
T
Europe with a view to their participation in the stabilisation and association process with the
European Union. Community assistance is subject to respect the principles of democracy, the rule of
law, fundamental freedoms, human and minority rights, and the implementation of the democratic,
institutional and economic reforms envisaged.
6During the year 2009, Ministry of Justice formed a special working group to develop
the Law on Probation. This working group consisted of representatives from the
prison system, Faculty of Education and Rehabilitation Sciences at University
of Zagreb, social welfare system, courts and state attorney offices. The Law on
Probation came into force at the end of 2009. Therefore, major preconditions for
professionalization of probation service were met. In the year 2009, Ministry of
Justice established Directorate for Probation. Some civil servants, who worked in
Central office for prison system, changed their position to the Central office in this
new Directorate. In June 2011 first probation offices were open. So far, nine out of
twelve planned offices started with their work.
IPA 2008 project “Development of Probation System in the Republic of Croatia”
started in June 2011. Partner in this project is a consortium of United Kingdom and
Czech Republic. The main purpose of the project is to ensure implementation of the
basic National Strategy goal - development of professional organization for providing
efficient probation services by the end of the project period in March 2013.
3. Legislative Basis of the Probation System
3.1. Legislative Basis
Many legal acts that define probation work are:
- Criminal Code from 1997 (with changes in 1998, 2000, 2001, 2003, 2004,
2005, 2006, 2007, 2008, 2011),
- the Criminal Procedure Act from 2008 (with changes in 2009, 2011),
- the Law on the Execution of Prison Sentence from 1999 (with changes in 2000,
2001, 2002, 2003, 2007, 2008, 2009, 2011),
- the Misdemeanours Act from 2007, and
- the Law on Probation from 2009.
In 2010, different necessary ordinances regulated in more details professional
elements of probation work: Ordinance on the methods of conducting probation
work, Ordinance on the methods of conducting the audit and inspection over the
work of probation offices, Ordinance on the professional training of probation
officers, Ordinance on case register and case records for persons with probation
sanctions, Ordinance on the probation officer identification card.
The Law on Probation defines probation as conditional and supervised freedom
of criminal offender during which probation officers perform activities aimed at
reducing criminal risk of reoffending. The same Law defines purpose of probation
work as interventions aimed at protection of social community from the offender,
his re-socialization and re-integration in the community as well as providing support
in helping victims of crime, their families and families of offenders (Rule 1), while
probation officers when implementing probation sanctions should work closely with
the family members, different institutions and organizations in the community, that
can contribute to his/her social integration (Rule 8).
3.2. Mission and Mission Statement
The Five-Year-Strategy for the Development of the Croatian Probation Service
(2008-2012) defined two main goals in this period: (1) development of professional
7practice and (2) development of professional organization. This five year process
will include solving different legal issues, management capacities, human potentials,
infrastructure, partnerships, evaluation, stakeholders and communication.
The mission of probation service is “to collaborate with the community with the
aim of its protection and reducing the risk of offenders’ recidivism through his re-
socialization and re-integration in the society, as well as to ensure the rights and
needs of victims”.
Action plan for improving Croatian prison system for the year 2009 to 2014 also
emphasized the importance of professional probation service and special legal act on
probation (the Law on Probation).
In June 2010, Croatian Government adopted Action Plan for the Development of
Probation for the years 2010 to 2014. This plan ensures the quality of process for the
development of probation service as efficient and useful organization for the society.
It consists of planned outcomes, priorities in implementation, time frame and general
resources needed for development, as well as ways to evaluate these activities.
3.3. Crime Prevention
Probation work can be described and indicated prevention through interventions
with offenders aimed at their risk of reoffending. Strategic and legal documents did
not provide basis for universal or selective prevention activities in the community.
3.4. Victim Assistance
Probation service in Croatia is involved in organizing psychosocial support and help
to the victims, their family members and family members of offenders (Rule 95).
Request or demand for such intervention can be submitted by the state attorney
office, the court from clients themselves (victims, family members mentioned above).
Prison and/or penitentiary can request probation service to inform and/or prepare
victims or their family members when offenders are released from prison sentence.
Therefore, probation officers must be well informed about the community resources
that could provide legal, psychological or medical assistance in each community.
Current practice is facing problems of insufficient number of probation officers for
performing this task, as well as insufficient services that provide specific help for
victims of crime.
3.5. Volunteers Involvement
Probation service is willing to include volunteers in promoting and mentoring
future probation work. Therefore, collaboration was established with the Faculty of
Education and Rehabilitation Sciences on University of Zagreb, where future social
pedagogues are educated for probation work within different criminological courses.
Initial analysis of potential volunteer student activities was conducted in 2011, while
concrete volunteer involvement is expected in 2012 when legal and organizational
procedures will allow it (Rule 34).
84. The Organization of Probation Services
4.1. Main Characteristics
Croatian Ministry of Justice is organized with following units: Cabinet of the
Minister, Directorate for Organization of Justice System, Directorate for Civil,
Commercial and Administrative Law, Directorate for Criminal Law, Directorate for
European Union and International Collaboration, Directorate for Prison System,
Directorate for Probation and Victim and Witnesses Support, Secretariat, Office for
Collaboration with International Criminal Courts, Office for Following Practice and
Advocating in front of European Courts and Independent Department for Internal
Revision.
Probation work is conducted within Directorate for Probation and Victim and
Witnesses Support, as organizational unit. Its internal organizational structure is
presented at scheme 1.
Figure 4.1 : Organizational structure of Directorate for Probation and
Victim and Witnesses Support within Croatian Ministry of Justice
MINISTRY OF JUSTICE
Directorate for probation and
victim and witnesses support
Central Office
Sector for Sector for victim
probation and witnesses support
Dept. for Dept. for Dept. for Dept. for Dept. for Dept. for
developement protective probation tasks probation development and organisation
and analitics supervision during prison tasks during coordination of victims
and sentence and criminal of victims and witnesses
communitiy conditional procedure and witnesses support system
work release support system
Probation Office Bjelovar Probation Office Sisak
Probation Office Dubrovnik Probation Office Split
Probation Office Osijek Probation Office Varaždin
Probation Office Požega Probation Office Zadar
Probation Office Pula Probation Office Zagreb I
Probation Office Rijeka Probation Office Zagreb II
9Central Office of Directorate for Probation and Victim and Witness Support has two
sectors: (1) Sector for probation and (2) Sector for victim and witnesses support.
Sector for probation has four departments: (1) Department for development and
analytics, (2) Department for protective supervision and community work, (3)
Department for probation tasks during prison sentence and conditional release
(parole), and (4) Department for probation work during criminal procedure. Sector
for victim and witnesses support is organized with two departments: (1) Department
for development and coordination of victims and witnesses support system and (2)
Department for organisation of victims and witnesses support system.
The latter Sector is providing support for victims and witnesses during criminal
procedure while their offices are placed within the criminal courts. This support is
mostly conducted with the involvement of volunteers.
Sector for probation is providing probation work with offenders and victims of crime
in regional probation offices in all phases of criminal procedure, during execution of
different community sanctions as well as during the execution of prison/penitentiary
sanction.
4.2. Internal Organization
Republic of Croatia is divided into 20 counties and the City of Zagreb. Probation
offices are not yet present in every county centre. Therefore, some probation offices
have jurisdiction for performing probation work on a larger territory of its county.
Probation offices are currently present in nine towns/cities: Bjelovar, Osijek,
Požega, Pula, Rijeka, Sisak, Split, Zadar and two offices in Zagreb, where one office
has jurisdiction for the City of Zagreb and the other one has jurisdiction for Zagreb
County (it includes suburbs and smaller towns with rural area around the City).
During the year 2012, Ministry is planning to open three new probation offices in
Dubrovnik, Varaždin and Zadar.
4.2.1. Probation Workers
Every probation office in Croatia has a chief of the office, probation officers and
administrative workers. The Law on Probation defines that probation officers conduct
all probation work, while they must have a bachelor or master degree in social
pedagogy, social works, psychology or other social-humanistic sciences, and must
have experience and professional competencies to work with offenders.
Chief of probation office regularly meets with the chiefs in the Central Office, head
of the Sector and principal of the Directorate to analyze current work and elaborate
through achievements and difficulties, as well as guidelines for future work. The main
goal is to identify and to overcome obstacles for effective work and the development
of leadership model that supports quality and professional effectiveness. The main
obstacle right now is insufficient number of probation officers comparing to expected
number of cases (Rule 29).
10Picture 4.1 : Map of the Republic of Croatia with cities/towns that have
probation offices and territorial legislation for performing probation work
Table 1. The staff structure - number of probation workers in probation
offices
Number of staff 48
Management staff 9
Executive staff 29
Supporting staff (e.g. secretary, bookkeeping staff, ICT staff etc.) 10
Central Office is engaged in the development of probation service in Croatia and
coordination of professional activities throughout the country. Central Office
has a principal, head of the sector for probation, four chiefs of department, three
professional advisors and two administrative clerks.
4.2.2. Education, training requirements and opportunities
The Ordinance on the training of probation officers defines mandatory initial
education and further professional trainings of probation officers. It also includes
trainings, educations and workshops with specific categories of offenders (Rules 22,
23, 24, 25 and 27).
11In accordance with current legal documents, probation officers will have mandatory
lifelong professional trainings depending on the treatments programs planned to
be incorporated in Croatian probation system (in the future). At the moments, the
following topics are planned, in order to increase level of professional competency:
conducting sanctions and measures in the community, risk assessments,
motivational interview, interventions with specific categories of offenders (violent
offenders, addicts, sex offenders, etc.). It is also necessary to invest into more
theoretical and scientific educations in the field of criminology and penology, as
well as other topics relevant for probation work.
4.2.3. Other organizations involved in probation work
At this moment, initiative has been made towards the courts for preparation of
presentence reports from probation offices, since this activity presents a new
regulation in Croatian legal system (Rule 42). In everyday work, probation service
collaborates with centres for social welfare, family centres and services for mental
health, governmental and non-governmental organizations that provide drug
treatment, prison system and police (all in accordance with the Law on Probation)
(Rule 37).
4.3. Probation and offenders abroad
In July 2010, Republic of Croatia has brought The Law on Judicial Cooperation
in Criminal Affairs with European Union members, implementing EU Framework
Decision 2008/947/JHA. This Law will come in force when Croatia becomes a full
member of European Union.
5. Different Stages of the Criminal Justice Process
Current Law on Probation defines probation activities in different stages of criminal
justice process: when deciding about criminal charges, when determining measures
of ensuring presence of the accused and other measures of warning, when deciding
about the type of criminal sanction and during execution of criminal sanction
for the offender. Therefore, it is visible that all phases of criminal process are
covered: deciding on criminal charges, trial phase, execution (implementation) of
sanctions, conditional release and post-release care. Probation service also works in
organizing support to the victims, their family members and family members of the
offender.
125.1 Pre-trial/remand/trial stage
Table 2. Sanctioning system and probation involvement in the pre-trial/
trial stage
Sanctions/Measures/
Probation Main characteristics
Penalties/Conditions Provision in
service of the probation
attached to a conditional legislation
involvement activity
decision or sentence
Unconditional waiver by the
x
public prosecutor
Conditional waiver by the
x x reporting
public prosecutor
Conditional suspension
of the pre-trial/remand
detention
reporting,
Pre-trial/remand detention x x supervision,
coordination
Police custody x
Bail
Caution x
Surety
reporting,
House arrest x x supervision,
coordination
Electronic monitoring
reporting,
Community service x x supervision,
coordination
reporting,
supervision,
Treatment order x x
coordination, help
and support
Training/learning order
reporting,
Drug/alcohol treatment supervision,
x x
program coordination, help
and support
Compensation to the victim x
Mediation
Semi-detention
Attending a day centre
13Sanctions/Measures/
Probation Main characteristics
Penalties/Conditions Provision in
service of the probation
attached to a conditional legislation
involvement activity
decision or sentence
Liberty under judicial
control
Interdiction to leave the
country
Interdiction to enter
x
different cities/places
Interdiction to carry out
x
different activities
Interdiction to contact
x
certain persons
reporting,
Psychiatric treatment x x supervision,
coordination
Deferment of sentence
Fine
Current Law on Probation states few ways in which probation service is included in
the pre-trial phase.
When deciding about criminal charges, attorney office can request a report from
probation office about the accused. This report consists of: general information about
the accused, family status, social status, current health status, risk behaviour and
inclinations, previous sanctions, relationship with the victim and its family members,
attitudes towards the offence, assessments of criminogenic risk and treatment needs
and opinion about possible/needed implementation of measures of warning.
Measures of warning can be:
- ban on visiting certain places or areas,
- obligation of regular reporting to a particular person or public body,
- restrain of approach to a particular person,
- restrain for establishing and maintaining relationship with a particular person,
- prohibition of performing certain business activities,
- temporary seizure of travel and other documents for crossing the border,
- temporary seizure of licenses to drive a motor vehicle.
Probation service is only supervising an obligation of regular reporting to a particular
person or public body.
In situations when attorney office only conditionally rejects criminal charges, or
conditionally withdraws further criminal accusations, it will impose certain obligation
to the accused. Probation service is in charge of supervising execution of the
obligations and reporting attorney office about the process.
This situation can happen in cases of criminal acts up to 5 years of prison or financial
fee and with specific approval of the victim (if the victim does not approve, the
offender cannot benefit from this provision)- even though it is suspected that the
14accused committed a crime. Accused must then execute different obligations given by
the state attorney with the maximum deadline of one year. These obligations can be:
- repairing the damage caused by the offence or compensation for the damage,
- donation of certain financial amount to the public institution, in humanitarian
or charity causes, or a fond for financial compensation of victims of crime,
- execution of community work,
- engaging in drug addiction, or other addiction, treatment program,
- engaging in psychosocial treatment of violent behaviour, with the consent to
leave family during this treatment.
In this phase of criminal procedure, probation offices are also included in the
supervision of home imprisonment, as well as other measures and obligations that
can be given. Croatian laws provide possibility for technical supervision with this
measure (e.g. electronic monitoring), but this possibility is not yet in practice.
5.1.1. Pre-trial/pre-sentence report
Probation service provides two types of report in this phase:
- on request of state attorney when deciding on criminal charges,
- on request of the judge that will trail in this case.
Both reports include the following information about the offender: general personal
information and marital status, social and health status, criminogenic risk level and
intervention needs, risk of damage, risk for recidivism, attitude towards the offence,
information about previous criminal activity and attitudes of victim(s). Report for
the state attorney also includes assessment of appropriateness of implementing
special obligations, while report for the judge includes assessment of anticipated
rehabilitative impact of the sanction.
Both types of reports are based on the instrument of criminogenic risks and needs -
System of offender assessment (SOA; modified version of British OASys instrument).
So far, no reports were requested in Croatian practice, since they present a new legal
possibility. Nevertheless, probation service finds these activities of a great value, and
is in engaged in ensuring that all organizational conditions are met to start with it as
soon as possible.
5.2. Enforcement stage
Table 3. Sanctioning system and probation involvement in the
enforcement stage
Sanctions/Measures/
Probation Main characteristics
Penalties/Conditions Provision in
service of the probation
attached to a conditional legislation
involvement activity
sentence
Imprisonment x x reporting
supervision,
Suspended sentence x x coordination,
reporting,
Conditional sentence x
Affidamento in prova
15Sanctions/Measures/
Probation Main characteristics
Penalties/Conditions Provision in
service of the probation
attached to a conditional legislation
involvement activity
sentence
House arrest
Electronic monitoring x
supervision,
Community service as
x x coordination,
sanction
reporting,
Semi-liberty
Semi-detention
supervision,
Treatment order x x coordination,
reporting,
Training/learning order
supervision,
Drug/alcohol treatment
x x coordination,
program
reporting,
Educational measures
Compensation to the victim x
Mediation
Attending a day centre
Interdiction to leave the
x
country
Interdiction to enter
x
different cities/places
Interdiction to carry out
x
different activities
Interdiction to contact
x
certain persons
Fine x
Day fine
Other financial penalties
supervision,
In/out patient order
x x coordination,
(psychiatric treatment)
reporting,
Security measures x
Combined order
Community punishment
supervision,
Conditional release /
x coordination,
Parole
reporting,
16Sanctions/Measures/
Probation Main characteristics
Penalties/Conditions Provision in
service of the probation
attached to a conditional legislation
involvement activity
sentence
Automatic release
Open prison
Penitentiary program
outside the prison
The main activities of probation service in enforcement phase are execution of
conditional sentence with supervision and community work that is an exchange for
short prison sentence (up to 6 month of prison).
Conditional sentence with supervision in Croatia can be described as follows:
- all criteria for conditional sentence must be met, but there should be an
assessment that the offenders needs help, protection and supervision to execute
obligations and/or to ensure successful reintegration,
- it can last from one up to five years (just as conditional sentence), but
supervision can be shorter if the court assesses it,
- the court can give different set of obligations to the offender with this sanction:
- to engage in education for certain vocation,
- to accept work that is within his professional competencies,
- to dispose with his finances in accordance of probation officer advises,
- to engage in medical treatment,
- to engage in addiction treatment,
- to engage in psychosocial treatment for violent behaviour,
- to restrict from visiting some places and events,
- to regularly report to the probation service about the circumstances that may
elicit future criminal behaviour.
Community work is a sanction that is conducted as an alternative to short prison
sentence (up to 6 months of prison). It can only be conducted with specific consent
of the offender, and can last from 10 to 60 working days. Community work must
be conducted in the period from one month up to one year and usually we find it
applicable for minor criminal offences, such as drug possession, minor thefts or
some types of traffic accident offences.
It is conducted in public and other services with whom the Ministry of Justice has
signed an agreement, and that are involved in humanitarian, ecological, communal
or other socially useful activity (e.g. utilities, retirement homes, centres for
working therapy and rehabilitation, hospitals, Red Cross, etc.). It is free and must
not be used for gaining any financial profit (Rule 48).
Individual treatment plan must be developed for both sanctions. Offender is
involved in writing this treatment plan and must sign it as a confirmation of its
acceptation (Rules 46 and 52). Individual treatment plan is bas on risk/need
assessment, offender’s health condition, vocational qualifications and other
relevant information (Rule 51). Probation officers evaluate the work and the
17progress of the offender and report about it to the court.
Probation service is also responsible for writing reports to the prison committee that
decides about conditional release (parole). This report asses risks and conditions in
the community where prisoner shall return, as well as possibilities to continue with
some obligations imposed in the prison treatment (e.g. education and schooling,
addiction treatment and other treatment programs, etc.).
Probation service is executing supervision for prisoners on conditional release, and
together with the offender (former prisoner) conduct individual program of this
supervision and obligations that are imposed by conditional release. This program is
to be delivered to the execution judge who also has to be informed about the process
during this sanction. Probation office and/or offender can suggest changes in the
individual program and supervision of obligations, but also suggest implementing
some obligations that were not imposed by prison release decision.
When prisoner is temporary released from prison (as a reward/benefit for good
behaviour and meeting some criteria of prison treatment), probation service is also
in charge of supervising the prisoner, and ensuring that his obligations defined by
individual prison treatment program are being conducted in the community.
In situation when the offender asks for postponement of executing prison sanction,
or asks for intermission of prison sanction, execution judge can request the probation
service to provide with a report and documentation regarding reasons and validity of
such a plea. It will also inform the execution judge if reasons for postponing execution
of prison sanction no longer exist, or if they are violated.
Probation service is not involved in any procedure regarding pardon or amnesty.
Table 4. Other probation activities in the enforcement stage
Providing support to the families of the offenders/detainees x
Coordinating volunteer prison visitors
Preparing offenders for (conditional) release
Preparing prisoners for home leave and/or providing support during home leave
Providing support to persons that have been pardoned or amnestied
Providing advisory report with respect to amnesty or pardon
Participating in organizing help and support for the victims of crime, their family
x
members and family member of offenders
One segment of probation work includes participation in organizing help and support
for victims of crime, their family members as well as family members of offenders. In
regard to these activities, probation service is gathering information about possibility
of providing psychosocial help in different communities and is assisting victims to
include themselves in needed treatment (Rule 56). These activities can be requested
by the state attorney, judge, victim, their family members or family members of the
18offender, but they are not yet implemented in practice.
5.3. Care and after-care outside the criminal justice system
Prison and/or penitentiary can ask probation service to perform different tasks in
order to provide assistance in terms of after-care or post-penal support. That can
include organizing accommodation, help in finding permanent work, as well as
preparation of victims and family members for the prisoner release (Rule 61).
Until this moment, probation service is not involved in these activities if not
specifically requested from the prison/penitentiary.
6. Probation Methodology
According to the Law on Probation, a person can only be included in probation
sanctions based on personal consent (Rule 6), because both conditional sentence
(with or without supervision) and community work represent alternative to prison
sanctions of fines.
The main intention in probation work is to enable supervision of offender throughout
all phases of process (pre-sentence, non-custodial sentences, prison sentences,
supervise release) and to implement end-to-end principle in the process. There is
a single named probation officer responsible for each offender, from assessment,
planning, building offender’s motivation and advancing their readiness, to the
management of all services provided to the offender and evaluation of progress.
When writing a report for the state attorney, the offender will be informed about
the purpose of this report, while the presumption of innocence is an obligation
for probation officer. In order to give relevant and updated information about the
offender, it is of most importance for the offender to be included in this process.
Within community supervision, when working with offenders, the main perspective
is desistance-based, with “help and change” principles for intervention, rather
than “punishment and control” (Rule 76). Interventions are conducted as one-
to-one practice, with emphasising face-to-face contact, holistic and individualize
approach in risk assessment and while proposing/choosing interventions (Rule 66).
Treatment philosophy is in changing life-style methods, social networks, beliefs
system and values, with encouraging hope, self-esteem, perspective of making
choices and gaining control over one’s life, motivation for change and belonging
to the community. This is also conducted through strengthening positive factors
of the offender and his social network/community, support in overcoming life
obstacles such as addictions, poverty, low education level and unemployment,
learning new skills and handling with stress situations. Important emphasis is put on
strengthening social capital - family and social relationships. On the other hand, as
well as directed on individual’s goods and potentials, interventions are also focused
on managing or reducing risk. In this regard, it is important to set specific targets
for the work in partnership with the offender by principles Good Lives Model of
Offender Rehabilitation (GLM). GLM is a strength-based rehabilitation framework
that is responsive to offender’s particular interests, abilities and aspirations. The
basic premise is that offenders, like all human beings, require certain primary and
secondary goods and opportunities to be able to live a pro-social life. Probation officer
assists offender to develop intervention plan (good life plan) that help offender to
acquire the capabilities in achieving outcomes that are personally meaningful to
19him/her. Probation officer tries to “equip” offender with the necessary internal and
external capabilities to secure primary goods in socially acceptable and personally
meaningful ways. In essence, the GLM model states that the enhancement of
offender’s well-being has a direct impact on reducing risk and increase of community
safety.
When choosing different methods of treatment, Croatian probation service is relying
on foreign countries and their research, since there is no immediate experience in this
field (Rule 77).
Every offender has “his own” probation officer. The work of probation officers is in
accordance with case management principles (assessment, planning, co-ordinated
implementation of the plan, review, revision and evaluation). All probation officers
were trained in risk-need- responsivity (RNR) model and this model is also present
in the practice. The RNR model states that the risk and needs of the offenders should
determine the interventions appropriate for addressing the offender’s criminogenic
factors. Depending on risks and need at the beginning or during the supervision
process, probation officer can include other treatment experts (e.g. addiction
treatment, mental health disorders, parental behaviour, couples/partnership
counselling, accommodation, education, employment etc.). Probation officer who
performed the assessment (approved by the chief of probation office) also continues
to work with the offender in treatment. Even though the offender may have more
than one obligation or sanctions, the intention is to engage one (the same) probation
officer in all these cases (Rule 80).
Risk assessment is performed for the purpose of creating individual treatment
program, its evaluation and for different reports (Rule 66). Assessment analyses data
and information about the offender are following:
- criminal behaviour,
- accommodation,
- education, vocation and employment,
- managing finances,
- life-style and social relationships,
- drug and alcohol use,
- emotional status and adaptation,
- behaviour and attitudes,
- health status, and
- other relevant data that can contribute to the quality of the assessment.
Data is gathered from the offender, his family members and/or from other relevant
documentation within the justice system, welfare system, health organizations, other
experts etc.
Assessment must be thoroughly individualised and conducted though exploration
in partnership with the offender, who is also informed about the outcome (Rule 68).
Use of instrument also encourages professional judgment for probation officers (Rule
71), as well as respecting obstacles to desistance that are not necessary in correlation
with the criminal offence. Offenders’ perception of situation and his own problems,
aspirations and strengths is also encouraged (Rule 67). Risk assessment is conducted
by specially educated probation officers (Rule 71) with the aim to define individual
treatment program, his evaluation, for the purposes of court reports when deciding
upon a sanction or when it is requested (Rule 70).
20Individual treatment program is created based on the assessment, and the
offender is informed about its content in appropriate manner, after which
he has to sign it as a confirmation of acceptance (Rule 73). This program is a
fundamental professional document consisting of pedagogical, educational, health,
psychological, social and other professional actions and methods for reducing risk
of recidivism. It has to be continuously revised and re-evaluated and, based on the
results, probation office is reporting relevant official bodies (execution judge, the
court, state attorney) (Rules 69 and 81).
Probation officers mostly use methods and treatment techniques based on cognitive-
behavioural paradigm, but are also free to use other methods that are established and
if they are adequately trained for them.
Probation service is not conducting specific group programs. For the purpose of
group treatment of specific behavioural or mental health problems, offenders are
referred to health institution or different non-governmental organizations that
provide with needed interventions (e.g. addiction, violent behaviour etc.).
The work of probation service is supervised from the courts, execution judges and
state attorneys though evaluation of probation work they required (Rule 103).
7. Finances, Accounting, Registration Systems and
Evaluation Procedures
7.1. Finances
Croatian probation system is entirely financed from the state budget. So far, only
Ministry of Justice if financing all probation activities, while other public bodies and
local communities do not (Rule 10). In 2011, probation system received around 1.5
million euro’s. This amount will be distributed as follows:
- around 1.025.000 euro’s for wages and daily travel expenses,
- around 238.000 euro’s for operational functioning of probation system
(business trip expenses, trainings and educations, office material, phone and
mailing bills, etc.)
- around 133.000 euro’s for decorating and furnishing probation offices, and
- around 144.000 euro’s for co-financing EU IPA project 2008.
Probation system had 69 employees on the last day of 2011, comparing to 2.630
employed in the prison system, which cost state budged around 71 million euro’s
(average expense of 37.75 euro’s per prisoner per day).
Even though Strategy for the Development of Probation System in Croatia 2007-
2012 anticipated that probation officers will have equal financial benefits as prison
staff, due to recession and measures of cutting state budget expenses, this rule was
not adopted. Therefore, probation officers have lower wages and financial benefits
comparing to prison staff.
21Table 5. Prison / Probation expenditure
Probation Prison
System System
Total current yearly expenditure 11.482.990 € 538.928.837,00 €
Average number of employed staff 69 2.630
Daily average number of offenders/clients
1.040 5.084
dealt with
7.2. Accounting
Probation system is not independent in managing finances. Every expense must be
approved by the Sector for Financing in the Ministry of Justice Secretary. At the end
of each year Directorate for probation plans and proposes expenses for the next year,
while the Secretary approves it and controls its spending. State Office for Revision is
an outer control that revises all expenditure once a year (Rule 15).
7.3. Registration System and Evaluation Procedure
At the moment, there is no registration system focusing on activities of workers
and organizations within the probation service system. Also, there is no case record
system focusing on probation clients. Probation offices use simple excel data base (in
table form) about the clients, verdicts, sanction, criminal offence etc. that are only for
internal use.
Probation offices do not have internal network that would enable direct sharing of
information, nor do other services have excess to these data directly.
Creating computerized software is planned in 2012, as well as the case register that
will be connected with part of prison system and police.
Since probation offices started with their work 6 months ago, and many probation
officers are still in education and training process for new intervention skill, formal
evaluation of all probation sanctions is planned in some future period and is not
conducted at the moment.
8. Societal Support and Clients’ Views
8.1. Societal Support and Public Opinion
Bilateral projects conducted until this moment showed high level of initial support
for implementing probation service in Croatia within criminal justice system.
This support was gained from many state agencies and academic/university
community. Further challenge is to maintain this support and to establish
professional network that will enable services from other stakeholders and bodies
in the criminal justice system.
Action Plan for the Development of Probation in Croatia 2010-2014 defines strategic
cooperation with governmental institutions and wider social community through
interactive probation web-page, meetings and professional conferences, as well as
local partnership with NGOs (Rule 106).
22Within current web-pages of Ministry of Justice, Directorate for probation and
victims and witnesses support provides an overview of some main information such
as: organizational structure, contacts, international cooperation, mission, relevant
legal documents, strategic documents, annual reports, press releases etc.
Probation service is also promoting its activities in the media (television, press
and internet) (Rule 108). Media is mostly reporting about overcapacity of Croatian
prison system and presents probation system as a potential to overcome this
issue. Sometimes, press is inclined to overestimate the power of probation system
in preventing offences and overcoming different social problems. Credibility
of probation system in public and its social support may be disturbed by slow
implementation of all probation activities, insufficient number of probation offices
and probation officers, which are all result of current financial recession and budget
cuttings. Probation service regularly provides annual reports to the Croatian
Government and public (Rule 107).
Further strategy for communication with the media will be developed through the
earlier mentioned Twinning project “The Development of Probation System in
Croatia”. Informative brochures and other materials will be created and distributed to
all relevant stakeholders.
8.2. Clients’ Views
Again, due to the recent development of probation system in Croatia (6 months ago),
special research on client’s views (suspects and offenders) have not been conducted
so far. The fact that there are not many complaints from the clients about the work
of probation officers can provide a positive and optimistic feedback in current
organizational structure.
9. Probation Clients’ Rights
All persons engaged (included) in probation activities have an obligation to follow the
rules and activities from depending on the sanction, measure and individual program
of intervention. In this process, they are guaranteed all the civil rights in accordance
with general rules.
Constitution of Republic of Croatia, as well as other international documents adopted
and ratified, guarantees activities with respect of human dignity, human actions and
forbids any type of discrimination. The Law on Probation clearly states these rules and
forbids any type of molestation, abuse, humiliation, health or scientific experiments,
as well as any kind of discrimination (due to race, ethnicity, skin colour, gender,
language, religion, political and other beliefs, national or social/financial status, age,
health status, gender identity, expression or sexual orientation, etc.). Person involved in
probation is also guaranteed protection of identity and confidentiality of personal data
(Rule 41).
Community work sanction can only be executed in institutions with individuals
with whom the Ministry signed a special contract. Offender is placed to work on a
job according to his psychophysical abilities and health status. General rules about
protection at work, as well as the right to rest, are used in execution of this sanction that
is determent in days of work, while the schedule must not disturb other obligations of
offender such as his current job or care for a sick family member. Community work can
be postponed or intermeshed, depending on reasons stated in the legal acts.
23Regarding intensive supervision, probation office in its report states the regularity
of compliance to regulations and obligations. Reactions to any violations are in the
power of the official body that designated sanction or measure (state attorney or the
court).
Every person involved in probation has a legal right to gain insight into his personal
file, except probation officers’ notes and professional opinion (Rule 92). Every person
(suspect, offender, victim, witness, family member, etc.) also has a right to plea a
complaint on the probation officer if they thing their rights have been violated (Rule
14). The complaint can be submitted verbally (and then officially recorded in report)
or in written text. Probation office is obliged to verify and explore complaint within
30 day and respond to the person (Rule 101). It the person is not satisfied with the
response, another complaint can be submitted to the Central Office (Rule 100).
Other possibility is to plea a complaint to the official body that involved a person in
probation work (state attorney, the court, execution judge or the prison system), as
well as to the public ombudsman (Rule 100).
10. Developments to be expected
Probation officers started with their work in June 2011. This short 6 month period
of professionalization of probation service makes her very young, in its beginning of
development.
10.1. Developments in Coming Years
The main goals stated in an Action Plan for the Development of Probation in Republic
of Croatia 2010-2014 are:
- adopting comprehensive and clear legal and program framework for probation
work,
- creating infrastructure for execution of all probation work on the national level,
- continues employment of probation officers educated for professional and
efficient implementation of sanctions and other probation work activities,
- creating efficient organizational structure in probation, with clear and efficient
channels of communication,
- development of efficient interaction with social community,
- defining general program of further professional and organizational
strengthening of probation service in Croatia.
Three new probation offices are planned to be opened in the upcoming period -
in the cities of Varaždin, Zadar and Dubrovnik. It will also be necessary to open
smaller offices (branches of the main probation office) closer to some offenders in
communities, because the current network is not sufficient for all territorial needs in
Croatia.
Within IPA 2008 EU Project “Strengthening of the Probation System in the Republic
of Croatia”, the following activities are expected:
- education and trainings of all probation officers,
- revision of current strategies and development of new ones.
This project in its technical assistance part, together with the Twinning project and
procurement of equipment and works will invest in furnishing and technical support
for all probation offices.
24Opening ceremony of the Twinning project “Development of Probation System in
the Republic of Croatia”, financed as a part of the European Union for Croatia IPA
2008 was held on Friday, 30 September 2011. Project value is 1.2 million euro’s and
its objective is to provide support to the Ministry of Justice in creating sustainable
development of national probation service. It will support the newly established
Directorate for probation and support to victims and witnesses in the Ministry of
Justice. Project will last from June 2011 to March 2013. It is financed as a part of IPA
2008 for Croatia, and is implemented by the UK Ministry of Justice in partnership
with the Czech Republic. Expected project results are the preparation of the
Directorate for efficient management of probation system throughout institutional
strengthening, development of instruments for risk assessment and offenders’
needs, training of the staff and strengthening of Directorate’s capacities throughout
education and training.
One of the important goals is also to create set of workshops intended for probation
officers, as well as to establish and educate initial, Croatian team of trainers - Training
for Trainers.
Topics of workshops for probation officers shall be:
- Introduction to the Probation Service,
- Case Management and National Standards,
- Motivational Interviewing,
- Diversity,
- Victims,
- Work with the Roma,
- Compliance and Recording,
- Identifying and responding to criminogenic needs,
- High Risk Offenders,
- Pro Social Modelling,
- Role of Admin Staff and Managing Difficult People,
- Training for Managers.
European Framework for Quality Management education will also be conducted, with
the following specific goals:
- to understand the basic concept of EFQM,
- to recognise the value that EFQM offers,
- to be familiar with EFQM underlying principles,
- to understand the concepts of ‘Enablers’ and ‘Results’,
- to achieve an understanding of the scoring matrix,
- to understand what performance management is and its importance,
- to understand the performance management framework,
- to identify the performance indicators which will measure success,
- to understand the concept of ‘the balanced scorecard’.
The main goal is to create a managing framework with identified main indicators
of implementation and follow-up methods, in accordance with EFQM standards.
It is expected that leaders and chiefs within probation service will then follow
contemporary European experiences and guidelines, as well as implementing them in
Croatian probation system.
Twinning project will also include different workshops for judges and state attorneys,
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